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Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst in the Supreme Court's history, being widely denounced for its overt racism, perceived judicial activism, poor legal reasoning, and crucial role in the start of the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions". Chief Justice Charles Evans Hughes called it the Court's "greatest self-inflicted wound".
Dred Scott was an enslaved African American man who, along with his wife, Harriet, unsuccessfully sued for the freedom of themselves and their two daughters, Eliza and Lizzie, in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott decision". The Scotts claimed that they should be granted freedom because Dred had lived in Illinois and the Wisconsin Territory for four years, where slavery was illegal, and laws in those jurisdictions said that slaveholders gave up their rights to slaves if they stayed for an extended period.
Fort Snelling is a former military fortification and National Historic Landmark in the U.S. state of Minnesota on the bluffs overlooking the confluence of the Minnesota and Mississippi Rivers. The military site was initially named Fort Saint Anthony, but it was renamed Fort Snelling once its construction was completed in 1825.
A number of cases were tried before the Supreme Court of the United States during the period of the American Civil War. These cases focused on wartime civil liberties, and the ability of the various branches of the government to alter them. The following cases were among the most significant.
Rachel v. Walker (1834) was a "freedom suit" filed in the St. Louis Circuit Court by an African-American woman named Rachel who had been enslaved. She petitioned for her freedom and that of her son James (John) Henry from William Walker, based on having been held illegally as a slave in the free territory of Michigan by a previous master, an Army officer. Her case was appealed to the Supreme Court of Missouri, where she won in 1836. The court ruled that an Army officer forfeited his slave if he took the person to territory where slavery is prohibited. This ruling was cited as precedent in 1856 in the famous Dred Scott v. Sandford case before the Supreme Court of the United States.
Colonel Josiah Snelling was the first commander of Fort Snelling, a fort located at the confluence of the Mississippi and Minnesota rivers in Minnesota. He was responsible for the initial design and construction of the fort, and he commanded it from 1820 through 1827. He had a reputation for being tough and fair-minded, but also had a mean temper when he was drunk. His second wife, Abigail Hunt Snelling, extended hospitality to visitors to the fort. She also founded a Sunday School for the fort's children and assisted families from the Red River Colony.
Lawrence Taliaferro was a United States Army officer who served as an Indian agent at Fort Snelling, Minnesota from 1820 through 1839. He was also part of the famous African American slave Dred Scott's struggle for freedom.
The history of slavery in Missouri began in 1720, predating statehood, with the large-scale slavery in the region, when French merchant Philippe François Renault brought about 500 slaves of African descent from Saint-Domingue up the Mississippi River to work in lead mines in what is now southeastern Missouri and southern Illinois. These were the first enslaved Africans brought in masses to the middle Mississippi River Valley. Prior to Renault's enterprise, slavery in Missouri under French colonial rule had a much smaller scale compared to elsewhere in the French colonies. Immediately prior to the American Civil War, there were about 100,000 enslaved people in Missouri, about half of whom lived in the 18 western counties near the Kansas border.
Robert Cooper Grier was an American jurist who served on the Supreme Court of the United States.
Marguerite Scypion, also known in court files as Marguerite, was an African-Natchez woman, born into slavery in St. Louis, then located in French Upper Louisiana. She was held first by Joseph Tayon and later by Jean Pierre Chouteau, one of the most powerful men in the city.
Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory.
Slavery in what became the U.S. state of Illinois existed for more than a century. Illinois did not become a state until 1818, but earlier regional systems of government had already established slavery. France introduced African slavery to the Illinois Country in the early eighteenth century. French and other inhabitants of Illinois continued the practice of owning slaves throughout the Illinois Country's period of British rule (1763–1783), as well as after its transfer to the new United States in 1783 as Illinois County, Virginia. The Northwest Ordinance (1787) banned slavery in Illinois and the rest of the Northwest Territory. Nonetheless, slavery remained a contentious issue, through the period when Illinois was part of the Indiana Territory and the Illinois Territory and some slaves remained in bondage after statehood until their gradual emancipation by the Illinois Supreme Court. Thus the history of slavery in Illinois covers several sometimes overlapping periods: French ; British ; Virginia ; United States Northwest Territory (1787–1800), Indiana Territory (1800–1809), Illinois Territory (1809–1818) and the State of Illinois.
The History of slavery in Michigan includes the pro-slavery and anti-slavery efforts of the state's residents prior to the ratification of the Thirteenth Amendment to the United States Constitution in 1865.
Samuel M. Bay was an American lawyer who represented Dred Scott in the 1847 Scott v. Emerson case. He was known for his prosecution of Dedimus Buell Burr, who had put ground glass in his ill wife's food over time. He practiced law in Jefferson and St. Louis, Missouri. Bay served in the Missouri Legislature beginning in 1836 and was appointed as Missouri Attorney General from 1839 to 1845.
Harriet Robinson Scott was an African American woman who fought for her freedom alongside her husband, Dred Scott, for eleven years. Their legal battle culminated in the infamous United States Supreme Court decision Dred Scott v. Sandford in 1857. On April 6, 1846, attorney Francis B. Murdoch had initiated Harriet v. Irene Emerson in the Circuit Court of St. Louis County, making the Scotts the first and only married couple to file separate freedom suits in tandem.
Robert Wash served on the Supreme Court of Missouri from September 1825 to May 1837. During his term, the pro-slavery judge, who owned slaves himself, wrote the dissenting opinion on several important freedom suits, including Milly v. Smith, Julia v. McKinney and Marguerite v. Chouteau. However, he did join in the unanimous finding for the plaintiff in the landmark Rachel v. Walker case.
Winny v. Whitesides alias Prewitt was the first freedom suit heard by the Supreme Court of Missouri. The case established the state's judicial criteria for an enslaved person's right to freedom. The court determined that if a slave owner took a slave into free territory and established residence there, the slave would be free. The slave remained free even if returned to slave territory, engendering the phrase "once free, always free."
Margaret Bonga Fahlstrom was a mixed-race woman of African and Ojibwe descent who came from a fur trading family in the Great Lakes region. In 1823, she married Jacob Fahlstrom, the first Swedish settler in Minnesota, and lived with him on a small farm at Coldwater Spring near Fort Snelling. Margaret was one of the few free Black women living in the area around the time that enslaved women such as Harriet Robinson Scott were struggling to find a path to freedom. In 1838, the Fahlstroms became the first converts to the Methodist faith in Minnesota, and moved to a farm in Washington County in 1840. Jacob became well known as the Methodist lay preacher "Father Jacob". His success as a traveling Christian missionary was often attributed to his fluency in the Ojibwe language, as well as his marriage. Margaret and her daughters were also known for their involvement in early church meetings in Minnesota, and their hospitality toward Methodist circuit riders.
Francis Butter Murdoch was an American attorney and newspaper publisher. As a lawyer, he practiced law in Pennsylvania, Michigan, Illinois and Missouri, and initiated freedom suits for Dred Scott and Harriet Robinson Scott in 1846. Between 1840 and 1847, Murdoch filed nearly one-third of all freedom suits in St. Louis, and secured freedom for many of his clients who had been enslaved, including Polly Berry and her daughter, Lucy A. Delaney. Before that, Murdoch was the city attorney in Alton, Illinois, where he unsuccessfully prosecuted rioters who killed Elijah Parish Lovejoy, an anti-slavery newspaper publisher, in 1837.
Diana Cephas was the plaintiff in a freedom suit filed in St. Louis, Missouri in 1840. She won her case after it went to trial in the Circuit Court of St. Louis County in 1843. Born into slavery in Maryland, she and her young son Josiah had been taken to the free state of Illinois in 1839, where she was hired out by her slaveholder over several months. She was then taken to Missouri, a slave state, but won her freedom with the help of freedom suit attorney Francis B. Murdoch, despite the efforts of lawyers Myron Leslie and Roswell M. Field to discredit her.
References
- ↑ "Constitution of the State of Minnesota" (PDF). Mnhs.org. Retrieved October 26, 2017.
- ↑ Lehman, Christopher P. (2011). Slavery in the Upper Mississippi Valley, 1787–1865: A History of Human Bondage in Illinois, Iowa, Minnesota and Wisconsin. p. 27. ISBN 978-0786458721.
- 1 2 "Dred and Harriet Scott in Minnesota | MNopedia". www.mnopedia.org. Retrieved 2020-06-19.
- 1 2 3 4 "Enslaved African Americans and the Fight for Freedom". Minnesota Historical Society. Retrieved 2020-06-19.
- 1 2 VanderVelde, Lea (2009). Mrs. Dred Scott: A Life on Slavery's Frontier. Oxford University Press. pp. 13, 355. ISBN 9780199710645.